Atlantic Life Ins. v. Vaughan

SIMONS, Circuit Judge.

The appeal is by an insurer from a judgment on verdict of the jury in favor of the beneficiary under two policies of life insurance, for double indemnity for accidental death, and for permanent and total disability benefits, the insurer having paid the ordinary life benefits prior to suit. The principal error assigned is the failure of the court below to grant the insurer’s motion for peremptory instructions.

The insured, James R. Yaughan, died on the 19th day of November, 1929, the immediate cause of death being a pulmonary em-bolus. The appellee, his widow, is the…